Insights Archives - Page 11 of 12 - Polikarpov Law Firm

Question 1

Can I use someone else's work without the author's permission?

Accepted Answer

In general, using someone else’s work without the author’s permission is copyright infringement. This means that you cannot copy, distribute, publish, revise or commercially exploit the work without the consent of the copyright owner.

However, there are exceptions to this rule:

Fair Use: this principle allows the use of another’s work without the author’s permission in limited cases, such as for criticism, commentary, news reporting, teaching and research. It is important to realise that fair use is a complex concept and its application depends on the particular circumstances.
Public domain works: Copyrights in works have a limited duration. When it expires, the work enters the public domain and can be used without authorisation.
Open Licences: Some authors knowingly make their works available for free use under open licences such as Creative Commons. The terms of use for such works may vary, so it is important to read the terms of the particular licence.

What to look out for:

Even with fair use or open licence works, it is usually necessary to credit the author and source of the work.
It’s always best to get the author’s permission if you’re not sure if your use falls under the exceptions.
Illegal use of copyrighted works may result in legal liability, including fines and damages.

If you have any doubts about the use of someone else’s work, it is advisable to seek advice from a lawyer specialising in intellectual property.

Question 2

What documents can be proof of authorship and copyright of a work?

Accepted Answer

Although copyrights arise automatically when a work is created, having proof of authorship and rights can be critical when disputes arise. Here are some documents that can serve as such evidence: .

Direct evidence:

Manuscripts and drafts: early versions of a work that demonstrate the process of its creation can be valuable evidence.
Original Files: save original files of a work, such as documents, images, audio and video files. The metadata of these files may contain information about the date of creation and authorship.
Certificates of deposit: depositing a work with special organisations, such as the Ukrainian Agency for Copyright and Related Rights (UAACR), can provide official confirmation of authorship and date of creation.
Contracts and agreements: contracts with publishers, customers, co-authors, etc. may contain provisions on authorship and rights to the work.
Correspondence: emails, letters and other forms of communication where the work or the process of its creation is discussed can be useful evidence.

Circumstantial evidence:

Publications and registrations: publication of a work in journals, books, websites or registration in online catalogues can attest to authorship and date of creation.
Witness testimonies: people who witnessed the creation of the work or can attest to your authorship can provide testimonies.
Expertise reports: in some cases, an expert report may be required to establish the authorship or originality of a work.

Recommendations:

Keep all documents related to the creation and distribution of the work.
Date your work and manuscripts.
Use technologies that allow you to track authorship and date of creation, such as digital signatures and watermarks.
Consider depositing the work with the UAASP or other appropriate organisation.

Remember, the more evidence you have, the easier it will be to defend your copyright if necessary

Question 3

Can I use my copyright in a work for commercial purposes?

Accepted Answer

So, as the copyright owner of a work, you have the exclusive right to use it for commercial purposes. This means that you can

Sell copies of the work: e.g., sell books, paintings, musical recordings, software, etc.
Licence your work to others: you may grant others the right to use your work in exchange for payment of royalties or other remuneration. This may include licensing the rights to use the work in films, TV shows, advertisements, websites, etc.
Create derivative works: you can create new works based on the original, such as translations, adaptations, arrangements, etc., and use them for commercial purposes.
Use the artwork to promote your business: you can use the artwork in your promotional materials, website, social media, etc..

It’s important to remember:

You have the right to control how your work is used for commercial purposes. You can set the terms of use, determine the price, choose partners, etc….
You are responsible for respecting the rights of others. For example, if your work contains copyrighted elements of others (such as music samples), you need to obtain permission to use them.
Commercial use of copyrights may have tax implications. It is recommended that you consult a tax advisor to understand your obligations.

Using your copyrights for commercial purposes can be an effective way to generate income and promote your creativity. However, it is important to understand your rights and obligations to avoid legal problems and ensure that your intellectual property is used successfully.

Question 4

What if I want to use a work but can't find the copyright owner?

Accepted Answer

The situation where you want to use a work but can’t find the copyright owner is quite common. Here are some steps you can take:

Information retrieval:

Carefully examine the work and any accompanying information: note the author’s name, publisher, website, watermarks, or any other identifying information.
Search the Internet: use search engines and specialised copyright databases to try to find information about the author or rights owner.
Consult the copyright management organisations: in Ukraine, the Ukrainian Agency for Copyright and Related Rights (UAACR) is such an organisation. They may have information about the author or the owner of the rights.
Refer to the source where you found the work: if you found the work on a website, in a book or magazine, try contacting the website owner, publisher or editorial office.

Risk Assessment:

Consider the nature of the work and how it is used: the risk of copyright infringement may be higher for commercial uses or uses of works of high commercial value.
Evaluate the possibility of finding the rights owner: if your search is inconclusive and you have no information about the author or rights owner, the risk of copyright infringement may be higher.

Consider the alternatives:

Use works in the public domain: there are many works whose copyrights have expired and can be freely used.
Search for works with open licences: many authors make their works available for free use under the terms of open licences.
Create your own original work: this is the safest option and ensures that you don’t infringe anyone’s copyright.

Seek legal advice:

If you are unsure how to proceed or the risk of copyright infringement is high, it is best to consult a lawyer specialising in intellectual property.
A lawyer can help you assess your risks, consider your options and develop a course of action that suits your needs and minimises your risks.

Remember: use of a work with an unknown author always involves some risk. It is important to do everything possible to find the owner of the rights, or to find an alternative option to avoid copyright infringement

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